Search This Blog

Sunday, July 3, 2016

I did some exploratory digging to get a somewhat cogent answer to that question,
and , in brief, here is what I found so far:

First, while there is a consensus that there are sufficient
grounds for the FBI to recommend indictment, the chances of the Lynch-Obama duumverate
permitting indictment is, at best and for purely political reasons, slim.

Second, if the charges are sufficiently egregious (multiple
felonies), and if the Justice Department does not refer the matter to a grand
jury for review and possible prosecution, it is generally believed that there
will be electrifying high-profile resignations from and sensitive leaks by the FBI, the intelligence
community and the Justice Department which, presumably, would adversely affect
Hillary’s ability to win at the convention or in a general election.

Third, from a constitutional standpoint there is no legal
reason for Hillary to withdraw her candidacy before the convention, and
Hillary, with the assistance of the media, would draw upon “the court of public
opinion” to get elected and to see her through to inauguration in January. (Note: the Constitution only lists
qualifications for a president, not disqualifications; adding ex post facto
disqualifiers would be unconstitutional.)

Fourth, since it’s a near certainty that Hillary will not
withdraw even if indicted before the convention, a “brokered convention” might well ensue which could force her out.
Though her delegates are committed to supporting her on the first round of
balloting, the 712 super delegates could easily bolt and rally around another
candidate if they felt the chances of her election had been seriously jeopardized. Party loyalty could well trump loyalty to Hillary.

Fifth, if Hillary is indicted, there is no constitutional
requirement for her to withdraw. Period.

Sixth, if Hillary is indicted, wins the general election and
delays the trial until after inauguration in January, per Art II Sec 4 only
impeachment by a majority in the
House and conviction by 2/3 vote in the Senate can remove her from office. (Note: an indictable offense is not necessarily an impeachable offense; impeachment is a political process.) And
if she’s not convicted by the Senate, which is the most likely scenario,
Hillary skates free—at least while she’s president. If she leaves office before
the 5-year statute of limitation which begins ticking from date of indictment is met--in other words, she’s not elected to a second term--she can still be
tried. (Note: for terrorism and financial crimes the statute of limitations is
8 and 10 years respectively.)

Seventh, a sitting president can order the AG to drop all
charges, or to not either pursue
prosecution or to enforce any sentence imposed. Such an action would surely
place into question her constitutional responsibility to “faithfully execute
the laws” of the United States and would be, therefore, an impeachable offense.

Eighth, since there is no limit on a president’s pardoning
authority, but as no president or governor has ever attempted to pardon himself/herself
in the past, Hillary’s pardoning herself would be unprecedented and could
easily be construed by the public and Congress as morally—not legally—reprehensible. The repugnancy of a self-pardon might well be
sufficient for an otherwise reluctant Congress to impeach, try and remove
her from office.

Conclusions: my guess is that a narcissistic Hillary Clinton
would be more than willing to put the country through the wringer to achieve
political power--public interest, traditional standards of rectitude and moral conduct be
damned.

If nothing else, these unseemly developments should spark
renewed interest in an Art V Convention of States to tighten up qualifications
for presidential candidates, to say nothing of limiting the constitutional authority
of an increasingly imperial Executive Branch. These unprecedented developments should also both incur the moral
outrage of the People and encourage individual States to review their election standards as well.

If the charges are as substantive, well-founded and egregious as many on both the left and right agree they are, and if 1) Hillary
wins the general election and, 2) Congress
abdicates is constitutional responsibility to impeach and remove her from
office, then all bets are off as to the survivability of this once venerable
constitutional republic. If massive marches on the White House to force her
resignation are not attempted or don't succeed, then secession or rebellion can be Americans' only
salvation.

Opinerlog.blogspot.comPOSTSCRIPT: Well, the suspense is over. Today, Director Comey announced that he will not recommend criminal charges, observing only that Hillary was "extremely careless" and alluding to a potential misdemeanor offense if Justice is willing to got that route. While I respect Mr. Comey's judgement and even-handedness, his description of her handling of classified material as "extremely careless" is a perfect description of what Hillary is all about, from Emailgate, pay-to-play Clinton Foundation, to Benghazigate, to Whitewater. I'm sure she and her hubby are deliriously happy and relieved, as are her flipper-flapping loyalists. Let the Clinton faux indignation and painful spinning begin. Wretch...

About Me

Retired 2003 as Assoc. Dir. Refugee & Immigration Services in Rochester. A Vietnam veteran (Captain, Infantry/Civil Affairs/Psy Ops), spent many years in Southeast Asia, Africa, Subcontinent managing disaster relief and development projects. Am a small businessman and keenly interested in history and the Constitution. Concerned that our country is being inexorably drawn toward Socialism and that Americans are unwittingly abandoning our founding governing principles and, in the process, our liberties, way of life and economic vitality. Disillusioned with the radicalized Democratic Party, became a member of the Greece and Monroe County Republican Committees until July 2012 when I became a registered member of the Conservative Party. Although politically conservative and a constitutional originalist, I welcome all constructive opinions. Only through common-sense dialogue, objective evaluation of opposing patriotic viewpoints, and a studious adherence to the Constitution can we all learn and develop responsible positions which will benefit our Republic. Member of Rochester Conservatives, the Tea Party, American Legion, Vietnam Vets of America, Gun Owners of America, NRA.